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Brooksv.The State

CourtSupreme Court of Georgia
Docket No.S20A0895
DecidedAugust 24, 2020
Reporter309 Ga. 630
JudgesSupreme Court of Georgia
Tags
CriminalCriminal LawCriminal ProcedureMurder & MayhemTales From the CryptEvidenceIneffective Assistance of CounselMistrialReversalRemand
Case Summary

Deontae Brooks was convicted of malice murder, aggravated assault, and possessing a firearm as a convicted felon after Branden Tinch was killed and Lenard Gay was assaulted. The Georgia Supreme Court affirmed the murder and aggravated-assault convictions but reversed the conviction under the firearm statute charged by the State. The court held that the evidence did not support that particular statutory offense. It directed the trial court to enter judgment and sentence on the firearm-possession offenses supported by the verdicts under the proper statutory provisions. The court also rejected Brooks’s ineffective-assistance claim, his challenge to the handling of a mistrial motion, and his remaining claims. The result corrected the firearm conviction without disturbing the murder conviction or requiring a new trial on the other offenses.

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Brooks V. The State — The Atlanta Gleaner